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HomeMy WebLinkAbout3425 Ordinance - Recorded 1578701 Page: t of 8 06/072000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Cc, WA ORDINANCE NO.--?/ AN ORDINANCE assigning zoning to certain real property within the City of Pasco. WHEREAS, on April 20, 2000, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain properties; in the event those properties were incorporated within the City; and WHEREAS, on June 5, 2000, Ordinance No. effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to-wit: Short Plat 97-11 and the west 43 feet of the northeast quarter of the northeast quarter of the northeast quarter of Section 21 Township 9 North Range 29 East, and the west 160 feet of the east 622 feet of said northeast quarter of the northeast quarter of the northeast quarter northeast quarter of the northeast quarter of the northeast quarter of Section 21 Township 9 North Range 29 East, together with the north half of the northwest quarter of the northwest quarter of the northwest quarter of Section 22, Township 9 North Range 29 East, except County Roads. as depicted in the map attached hereto and labeled Exhibit 1 be and the same is hereby assigned R-S-12 ( Suburban Residential) zoning. Section 2. That the following described area, situated in Franklin County, Washington to-wit: The east 462 feet of the north half of the northeast quarter of the northeast quarter of the northeast quarter of Section 21 Township 9 North, Range 29 1578701 Page: 2 of 8 06/07/2000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Co, WA East, W.M., except County Roads, together with the north 230 feet of the of the west 160 of the east 622 feet of the northeast quarter of the northeast quarter of the northeast quarter of Section 21 Township 9 North, Range 29 East, W.M., except County Roads; as depicted in the map attached hereto and labeled Exhibit 1 be and the same is hereby assigned C-1 ( Retail Business) zoning as condition by a concomitant agreement which is attached hereto and is identified as Exhibit"2" Section 3. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 4. This ordinance shall be in full force and effect on July 1, 200. PASSED b the City Council of the City of Pasco this 5th day of June, y ty tY 2000. Michael Garrison, Mayor ATTEST: l Catherine D. Seaman, Deputy City Clerk APP AS TO FORM: Leland B. Kerr, City Attorney -2- 1578701 Page: 3 of 8 06107/2000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Cc, WA EXHIBIT "I" CD ANNEXA TION AREA 11 N City Limits i 4 1 : V A L L Y VALLEY V{EW PL V I E W A D D FC1D CANAL iQ 0 0 Op P1 `� V �a a City limits ARGENT RD GENT RD /� 00 r 5 , Z o � o a Go CN 0 Of 1578701 Page: 4 of 8 06/07/2000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Co, WA CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: (SEE PAGE 2, #5, LEGAL DESCRIPTION) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to C-1 (Retail Business) and in consideration of that event should it occur, and sub'ect to the terms and conditions hereinafter stated, the applicant does J hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above- described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 1578701 Page: g of 8 08/07/2000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Co, WA 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. The development shall comply with the following requirements: 1) Building heights shall not exceed thirty-five (35) feets; 2) Signage shall not exceed thirty-five (35) feet in height; 3) Outdoor lighting and sign lighting permitted by PMC Title 17 as conditioned herein shall be designed to limit secondary effects on neighboring properties. Back lit facias, parapet walls, fuel island canopies and main building walls shall be prohibited B. The following uses shall be prohibited: 1) Taverns; 2) Membership Clubs for fraternal organizations such as the VFW, the Moose and similar organizations; 3) Automotive repair; 4) Automotive and similar sales; 5) Upholstery shops; 6) Billard/Pool Halls: 7) Amusement Game Centers; 8) Card Rooms/Bingo Parlors; 9) Dance Halls 10) Any other use or activity similar to those listed above. 5. Legal Description: The east 462 feet of the north half of the northeast quarter of the northeast quarter of the northeast quarter of Section 21 Township 9 North, Range 29 East, W.M., except County Roads, together with the north 230 feet of the of the west 160 of the east 622 feet of the northeast quarter of the northeast quarter of the northeast quarter of Section 21 Township 9 North, Range 29 East, W.M., except County Roads; The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 1578701 Page: 6 of 8 08/07/2000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Co, WA Owners: 36 STATE OF WASHINGTON) ss. County of Franklin } this personally appeared before me to me known to be the individual(s) who executed the within and foregoing instrument on the lines above as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal of �� day of ov,0� otary Public in and for the Stat4it—�ee-k of Washington, residing at NOT,M` CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3 1578701 Page: 7 of S 06/07/2000 04:08P PASCO CITY OF OROIN 15.00 Franklin Co. WA Owners STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me /-C,VA Lo. to me known to be the individual(s) who executed the within and foregoing instrument on the lines above as his er/their free and voluntary act and deed for the uses and purposes erein mentioned. W�+ f)L a s�I-T-0 L W �00$G;�:, Gi en under my hand and official seal of - ��t day of 2000. ca Notary PPblic in and for the State of ington, residing at &sa-1 . 2 CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3 1578701 Page: 8 of S 06/07/2000 04:06P PASCO CITY OF ORDIN 15.00 Franklin Co, WA -- — — Owners: ? sCo 4,L4Sk JO/ STATE OF WASHINGTON) ss. County of Franklin ) On thi day personally appeared before me U to me known to be the individual(s) who executed the within ' and foregoing instrument on the lines above as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal of y day of 2000. O ,%ID1► C• N tart' Public in and for the State �y of Washington, residing at MQTMy 06 WA CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3